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Keywords

probatewill

will

Related Cases

Jacobs-Zorne v. Superior Court, 46 Cal.App.4th 1064, 54 Cal.Rptr.2d 385, 96 Cal. Daily Op. Serv. 4737, 96 Daily Journal D.A.R. 7505

Facts

Helen Swonetz, the surviving spouse of Harry Swonetz, filed a petition under California Probate Code section 9860 to determine that certain bank accounts were held in joint tenancy rather than as part of the probate estate. The executor and beneficiaries of Harry's will objected, claiming that this petition constituted a contest under the will's no contest clause. The will, executed shortly before their marriage, included provisions for the distribution of Harry's property and a no contest clause that revoked any beneficiary's share if they contested the will. The court had to determine whether Helen's petition violated this clause.

Real party in interest, Helen Swonetz, is the surviving spouse of Harry Swonetz who died on October 31, 1992. The two were married on January 25, 1986. Eleven days before their marriage, Mr. Swonetz executed his Last Will and Testament.

Issue

Did Helen Swonetz's petition to determine the ownership of certain bank accounts constitute a contest under the no contest clause of Harry Swonetz's will?

Rule

A no contest clause in a will is enforceable and can revoke a beneficiary's interest if they contest the will or any of its provisions. However, actions taken to assert rights based on independent claims outside the will may not trigger such clauses.

A no contest clause, inserted as Article Eighth, provided, '[i]f any beneficiary under this Will in any manner, directly or indirectly, contests or attacks this Will or any of its provisions, any share or interest in my estate given to that contesting or attacking beneficiary under this Will is revoked and shall be disposed of in the same manner provided herein as if that contesting or attacking beneficiary had predeceased me without issue.'

Analysis

The court analyzed whether Helen's petition constituted a contest under the no contest clause. It determined that her petition did not challenge the validity of the will or any of its provisions but rather sought a determination of ownership based on a right independent of the will. The court referenced previous cases where similar petitions did not trigger no contest clauses, emphasizing the need for strict construction of such clauses.

The court reasoned the testator's intent was only relevant to the determination of the section 9860 Petition, and not appropriate in the context of determining whether the Petition defied the will's no contest clause.

Conclusion

The court concluded that Helen Swonetz's petition did not trigger the no contest provision of the will, allowing her to assert her claim to the bank accounts without forfeiting her rights under the will.

Writ denied.

Who won?

Helen Swonetz prevailed in the case because the court found that her petition did not constitute a contest under the no contest clause, allowing her to claim the bank accounts as joint tenancy property.

The court ultimately ruled that the petition did not trigger the no contest provision, allowing the surviving spouse to assert her rights without contesting the will itself.

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Keywords

Related Cases

Bowles v. Bradley, 319 S.C. 377, 461 S.E.2d 811

Munn v. Briggs, 185 Cal.App.4th 578, 110 Cal.Rptr.3d 783, 10 Cal. Daily Op. Serv. 7287, 2010 Daily Journal D.A.R. 8680

Estate of Brock, 692 So.2d 907, 21 Fla. L. Weekly D2386

Bernal v. Marin, 196 So.3d 432, 41 Fla. L. Weekly D1428

Estate of Heggstad, 16 Cal.App.4th 943, 20 Cal.Rptr.2d 433